What is a CPLR Article 78 proceeding?
1. What is an Article 78 Proceeding? In an Article 78 proceeding, you ask a state court to review a decision or action of a New York State official or administrative agency, such as a prison official or the Board of Parole, which you believe was unlawful.
How do you withdraw a motion from the New York Supreme court?
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
What is an Article 78 proceeding quizlet?
The section of a hearing document that cites the penalty that the court is imposing on the Respondent. If the DOS denies a license application, the applicant may request a hearing within. 30 days. What is an Article 78 proceeding? A judicial appeal.
Is a petition the same as a motion?
Most motions require a written petition, a written brief of legal reasons for granting the motion (often called “points and authorities”), written notice to the attorney for the opposing party and a hearing before a judge.
How do I commence a special proceeding in New York?
To commence a special proceeding you need to file the following with the County Clerk’s Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.
What is the difference between capricious and arbitrary?
As adjectives the difference between arbitrary and capricious. is that arbitrary is (usually|of a decision) based on individual discretion or judgment; not based on any objective distinction, perhaps even made at random while capricious is impulsive and unpredictable; determined by chance, impulse, or whim.
What makes an agency decision arbitrary and capricious?
[a] decision is arbitrary and capricious if the agency [1] has relied on factors which Congress has not intended it to consider, [2] entirely failed to consider an important aspect of the problem, [3] offered an explanation for its decision that runs counter to the evidence before the agency, or [4] [has offered an …
Under which of the following circumstances would a broker lose or have their license suspended for a law violation committed by an associated licensee?
Under which of the following circumstances would a broker lose or have their license suspended for a law violation committed by an associated licensee? If the broker had actual knowledge of the violation.